Articles Posted in Nursing Home Abuse

There’s a government website that can be used to help you to choose the right nursing home for your elderly loved one. Two websites just got a makeover and now they’re easier to use than ever, according to the Herald-Tribune. You can get some of the most detailed information, like what residents in a particular Naples home are having for breakfast.
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Fort Myers nursing home neglect often occurs when family members don’t stay informed. We understand that there’s also a new feature on the website that will help residents to find homes in relation to their home or any specific zip code.

Another feature allows you to look at all of the “Inspections and Complaints” at a specific nursing home. You can review narratives that give specific details regarding site reports. These reports are updated every month. You will also be provided with a star-rating system, meaning that each nursing home will be rated on a number of criteria, helping you to get the inside scoop on how they’re really run. This site is going to be extremely useful for those who are narrowing their list of potential nursing homes.

Don’t have access to a computer? You can also call 1-800-MEDICARE (633-4227) and have someone walk you through all of the information that can be found on the website regarding any nursing home you choose.

This information was always available on the Florida Agency for Health Care Administration website. It was just tough to find and tough to navigate through. This information wasn’t always reliable either. Now, the information will be more accurate and will be more up to date. You can access the Nursing Home Compare website at any time.

This website is also helping to make the performance reports of nursing homes more transparent. It’s all a part of the government’s attempt to raise the standards of these facilities.

Some of the other new features on the website include current rates of antipsychotic drug dosing at nursing homes.

“We’ve taken out a lot of the narrative you used to see, making it easier to read and more appealing to look at,” said Shari Ling, CMS deputy chief medical officer.

You are also urged to visit potential nursing homes often. You should stop in periodically and during off-peak hours to get a first-hand look into a home’s operations, according to ABC7. It’s also important to make sure that you find a home that fits your needs. Make a checklist of all the things you require from a nursing home and don’t stop until you find the right one. Do your research!
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As many of us know, there may come a time when we have to place our elderly loved ones in a nursing home. It’s important to remember that you have options, though, and you need to explore those options when searching for the right home. Nursing home abuse and neglect in Fort Myers can come in a number of scenarios. Nursing homes can be understaffed and your loved one can be offered inadequate treatment. It’s important to remember that nursing home residents have rights. It’s important for you to know those rights and to protect them, for yourself and for your loved ones.
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Our Fort Myers nursing home abuse attorneys understand that many families already have loved ones in nursing homes. The holidays serve as a time to make more frequent visits to these elderly friends and family members. Visitors are urged to keep an eye out for signs of abuse or neglect when visiting these loved ones. We are here to help you to get an idea of what to look for during these visits to help ensure that your loved ones are properly cared for.

When visiting, Medicare.gov suggests you make sure the following are available:

-Licenses: Make sure that the nursing home and the administrator are licensed by the state.

-Background Checks: Make sure the nursing home is screening employees for a history of abuse that meets the state’s requirements.

-Special Services: Many nursing homes offer special services, including hospice, Alzheimer’s care and rehabilitation services. Make sure that the home has a facility guideline for when residents should be placed in these special units.

-Staff Training: It’s always a good sign when the home’s staff has employees who are trained to recognize resident abuse and neglect, how to effectively deal with aggressive or difficult residents, and how to deal with the stress of caring for so many needs.

-Incident Reporting: Make sure the home has a way to report events of abuse or neglect. If there are any claims, look into how the home investigates, reports and resolves such complaints.

-Loss Prevention: There should be policies in place to safeguard resident possessions.

-Inspections: Ask to see a copy of the most recent nursing home inspection report.

-Physical Restraints: Make sure there’s enough staff present to assist residents at all times. Many residents need help moving in and out of beds and chairs. Visit on the weekend or during the evening to make sure they’re fully staffed during these times in addition to its peak hours.

-Meal Times: Are residents receiving help, if needed, during meals? Make sure that your loved one is allotted enough time for their meals.

-Turnover: A high turnover rate for a nursing home is a bad sign. Look into the positions of the certified nursing assistants (CNA). If there’s a high turnover rate in these positions, a problem may be present. If so, ask to speak with the administrator or director of nursing to see why staff changes are so frequent.

So spend some extra time with your loved ones over the holidays, and while you’re there do some poking around to make sure they’re well taken care of.
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Nursing home abuse and neglect in Florida is a far more common problem than the state acknowledges and yet state lawmakers are looking to loosen regulations at nursing homes, according to a recent article in the Orlando Sentinel. It is reported that the nursing home industry will have fewer staffing requirements and watchdog programs could become obsolete in recent moves made by state lawmakers.

Fort Myers nursing home neglect attorneys witness evidence routinely from families whose loved one has been a victim of abuse or neglect in a nursing home or assisted living facility. Elder care facilities have a responsibility to protect our loved ones — yet we often see signs of neglect like bed sores, malnutrition, infections, inappropriate living conditions, physical abuse, broken bones or insufficient caretaking.
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The Long-Term Care Ombudsmen Program, established back in 1972, was meant to advocate for elders who live in nursing homes, adult care facilities, and assisted living facilities. The aim was to improve quality of life and resolve issues that arise within facilities at the local, state and national levels.

Federally funded, the program offers a voice for the elderly who are unable to speak up or defend themselves. It has over 1,200 full-time staff and another 8,600 plus volunteers working to help protect senior citizens living in elder care facilities. In 2009, 233,025 complaints were resolved and another 161,222 new cases were opened nationwide. The top 5 complaints from residents at nursing home facilities in 2009 were:

-Residents needing assistance were left unattended by nursing home staff.

-No notice or planning for eviction or discharge was given.

-Attitudes by staff were poor and exhibited a lack of respect for nursing home residents.

-Food being served to residents lacked in variation, quantity, and quality.

-Improper management and administration of medications given to residents.

Florida’s head ombudsman for the watchdog program was recently relieved of his responsibilities. The nursing home industry objected to the investigations of the 400 volunteer ombudsmen who were visiting nursing homes throughout the state and documenting instances of neglect or abuse while holding the facilities accountable for their unprofessional actions. The watchdog program to date has proven to be highly successful with a 98 percent satisfaction rating and over 9,000 investigations documented in a record high year. Unpaid workers kept the program cost-effective in an attempt to look out for the older population who can no longer take care of themselves.

Examples of neglect and abuse from recent reports in Florida include:

-A 75-year-old male suffering from dementia wandered out of the facility and was eaten by alligators.

-Evidence of illegal restraints being used by some facilities.

-An owner of an assisted living facility threatened residents with a stick while refusing them medication and food.

-A 71-year old died from burns obtained from a scorching bath.

-Residents were permitted to beat each other with 2-by-4s while staff stood and watched the behavior.

-Deaths at nursing homes from abuse and neglect are occurring on average of one a month.

These may be extreme examples, but they happen at facilities throughout the state. As the state makes moves to support the nursing home industry and hold elder care facilities less accountable for their actions, it becomes even more important to research your options before putting your loved one in an elder care facility. Make a checklist, visit numerous facilities and ask a wide variety of questions before choosing which facility is going to give the best care to your loved one. Avoiding incidents of abuse or neglect is the best thing you can do for your loved one during their final years.
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Recent allegations of abuse at a Cape Coral nursing home is a reminder to each of us that we must do our part to ensure the safety and comfort of our most vulnerable older adults this holiday season.

Our Fort Myers nursing home neglect and abuse lawyers encourage you to visit friends or loved ones in a nursing home or assisted living facility this holiday season and to share any concerns about conditions with the authorities or with an experienced attorney.

833821_hands.jpgThe News-Press reports three workers were fired amid a state investigation into allegations of abuse. A spokeswoman for Clare Bridge, which provides Alzheimer’s and dementia care, said the employees were fired for violating company policy. The spokeswoman for the home’s parent company, Brookdale Senior Living, said the terminations were not related to the investigation but were tied to “failure to maintain confidentiality, disrespect, threatening others, and spreading gossip.”

The family of a woman who was killed in a Florida nursing home fall has been awarded $114 million — a record verdict in Polk County, the Ledger reported.
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The verdict has put the focus on the epidemic of nursing home falls in this country. The suit claims the home knew of the 76-year-old woman’s risk of falling and failed to take preventive measures. The patient fell within two weeks of being admitted to the home. She never recovered from a traumatic head injury, broken arm and other injuries. She was malnourished, dehydrated and suffering from bed sores when family pulled her out of the home in May 2003. She died several months later.

We make the often difficult decision to place our loved ones in a nursing home because we do not feel qualified to provide the kind of professional care necessary to keep them safe from harm. The average annual cost of nursing home care is $50,000 and we expect professional care and the protection of whatever quality-of-life is left to an aging family member.

Yet the prevalence of nursing home falls shows that far too many homes are failing in the basic task of ensuring a resident’s physical safety. The National Center for Injury Prevention and Control reports as many as 200 falls a year occur in the average 100-bed nursing home.

Facts about nursing home falls:

-About 1,800 nursing home residents die from falls each year.

-As many as three-quarters of nursing home residents fall each year.

-The average patients falls more than once. In fact, he or she falls 2.6 times per year.

Falls frequently lead to a decline in quality of life. Fear of falling, loss of function, depression, social isolation and increasing helplessness are common consequences of fall injuries.

Some argue that nursing home falls are common because of the failing health of residents. However, a closer look at the statistics reveals that only about one-fourth of falls are caused by a resident’s diminished physical ability.

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Common causes of nursing home falls:
-24 percent of falls are attributed to muscle weakness, walking or gait problems of the resident.

-Up to 27 percent are caused by avoidable environmental hazards, including wet floors, poor lighting, incorrect bed height and poorly fitted wheelchairs.

-Failure to properly administer medicine, especially sedatives and anti-anxiety drugs, are commonly blamed for nursing home falls.

-Other common causes are poorly fitted clothing and failure to provide proper walking aids and supervision.
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New Report Says 1 in 5 Nursing Homes Rated “Poor”

A Fort Myers nursing home facility faces charges of abuse of one of its residents following complaints registered by a family member. A Cape Coral woman is alleging neglect after finding her father bruised, his glasses broken and with feces on his legs, at Signature HealthCARE at College Park, which is located just off Cypress Lake Boulevard near University Drive. The woman found her father slumped over in his wheelchair, and unable to sit up. After being transported to the hospital, staff there reported that the man had fecal matter down his legs and into his socks, was wearing three soiled diapers, and also that he appeared to have a bad rash and looked like he had not been washed in days. This is apparently not the first charge of neglect or abuse at the facility, which operates nursing homes in 7 states and whose Florida headquarters are in Palm Beach Gardens. Officials with the Agency for Healthcare Administration are now investigating Signature HealthCARE, and The Florida Department of Children and Families also has its own investigation into the incident. DCF has reported 7 investigations into the facility in the last two months.

According to an analysis of newly released government data by the USA Today newspaper, 1 out of 5 nursing homes consistently received a rating of “poor” when considering factors like overall quality, staffing and health inspections. A search of the Signature HealthCARE facilities reveals that the Fort Myers property received a rating of 1 star out of 5 stars which designates it as a below average facility. The Signature HealthCARE facilities in Port Charlotte and Sebring each received 2. The company has 20 properties in Florida.

nursinghomeabuse.jpgWith the large population of senior residents in Southwest Florida and the abundance of nursing home facilities here, the potential for a member of your family being subjected to nursing home abuse is a serious concern. You expect that the facility where your relative lives will provide professional and appropriate care – and yet, the fact is that abuse does occur, and can be devastating to your family.

Florida’s Long-Term Care Ombudsman Program is a volunteer-based organization seeking to improve the quality of life of frail, vulnerable elders who live in long-term care settings, including nursing homes, assisted living facilities and adult family care homes by directly responding to their concerns. The program operates under the authority of federal and state law. The organization’s 2007-2008 Annual Report points out that long-term care facilities in Florida fall into one of three categories: nursing homes (686 facilities; 82,024 beds), assisted living facilities (2,743 facilities; 89,445 beds), and adult family care homes (503 facilities; 2,316 beds). That means there are 3,932 long-term care facilities in the state of Florida, with 173,785 beds. The potential for the abuse of residents requires an ambitious and ongoing oversight.

The Ombudsman Program conducts annual administrative assessments of these facilities as mandated by Section 400.0073, Florida Statutes. These assessments focus on the rights, health, safety and welfare of residents. In 2007-2008, volunteer ombudsmen completed assessments of 100 percent of licensed long-term care facilities statewide. During the same period, they completed 7,758 complaint investigations. The top three complaints from nursing home residents pertained to improper discharges; medication administration; and matters of personal hygiene. The top three complaints in assisted living facilities and adult family care homes were related to menu quality, quantity and variation; medication administration; and issues of cleanliness, pests and general housekeeping.

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A Southwest Florida elder-care facility may have been negligent in the smothering death of a 72-year-old resident, according to a state probe, which found some evidence of neglect or abuse.

Florida nursing home neglect lawyers and elder abuse attorneys encourage residents throughout Southwest Florida to carefully check a facility where they are considering placement of a loved one.

Florida law governing nursing homes and assisted living facilities, including the residents’ bill of rights, can be found by clicking here.

“There are some very, very good nursing homes,” Florida personal injury attorney Bruce L. Scheiner, of Associates and Bruce L. Scheiner, Personal Injury Lawyers, told FOX4 news in a television interview about this most recent incident. “But there are also nursing homes where I would not want one of my loved ones to step foot inside.”

The 72-year-old resident of Hidden Oaks Retirement Center was smothered to death in the Alzheimer’s unit after an argument over a blanket with roommate Kenneth Knauf, an 87-year-old retired U.S. diplomat.

Another report says the Fort Myers center broke several rules or laws, including falsifying a record, failing to keep the two residents safe and train staff properly, according to an article in The News-Press of Fort Myers.

Department of Children and Families closed its investigation earlier this month with findings of inadequate supervision. DCF has investigated seven allegations of abuse or neglect at Hidden Oaks in the last three years — Two were closed with findings, DCF spokeswoman Erin Gillespie told https://www.injury-lawyer-florida.com
The Agency for Health Care Administration reported the fight went on for half an hour and the 911 call was not made until about 10 minutes after the resident was found by employees, who tried to perform CPR.

The report highlighted the home’s failure to comply with residents’ bill of rights. The News-Press reported that failure to take corrective action could result in the state shutting the facility down or preventing the facility from accepting any new residents
Attorney Scheiner encourages anyone with a friend or loved one in a nursing home, assisted living facility or other elder care environment to familiarize themselves with Florida’s residents’ bill of rights.

Florida’s Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

Additional useful information, including inspection reports and other data on Florida facilities can be found by clicking here.
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The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you’ll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.
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Nursing home neglect and elder abuse is in the news is Southwest Florida after the second serious incident in less than a month.

Florida personal injury attorney Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers, provided advice to FOX4 news viewers on Friday after the station reported the rape of an elderly Alzheimer’s patient in a Lehigh Acres nursing home.

The woman was reportedly raped by a resident who had previously been caught fondling the patient and warned to stay away from the women, according to the report from the Lee County Sheriff’s Office.

“The nursing home has an absolute obligation to report a crime as soon as they become aware of it,” Scheiner said. “People put their loved one in a nursing home to provide a safe environment.”

A separate incident occurred in January at a different facility and resulted in the death of a 72-year-old resident after he was reportedly smothered by an 87-year-old man in the Alzheimer’s unit.

Scheiner said intent often factors into whether someone committed a crime and circumstances can be complicated by Alzheimer’s and other aging issues. But the home has an obligation to provide its residents a safe environment — just as they are required to do with an aging resident in danger of wandering away.

“It wouldn’t be appropriate to allow them to wander down the street and drown in a pond or get hit by a car,” Scheiner said.

Scheiner suggests people looking at nursing homes tour the facility, talk to employees, speak with outside doctors familiar with local nursing homes and check state websites for incident and inspection reports.

Florida’s Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

“There are some very, very good nursing homes,” Scheiner said. “But there are also nursing homes where I would not want one of my loved ones to step foot inside.”

FOX4’s interview with Bruce L. Scheiner airs Friday Feb. 6 at 10 p.m. throughout Southwest Florida.
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